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2019 Supreme(P&H) 1085

TEJINDER SINGH DHINDSA
Muni Lal Sharma – Appellant
Versus
District Magistrate – Respondent


Advocates:
Advocate Appeared:
B.S. Guliani, Adv., Rashmi Attri, Adv., G.S. Sirphikhi, Adv.

JUDGMENT :

TEJINDER SINGH DHINDSA, J.

1. Instant writ petition is directed against the order dated 14.06.2017 passed by the District Magistrate, Gurdaspur (Annexure P-1), whereby an application moved by the petitioner seeking eviction of respondents No.2 and 3 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter to be referred to as 'the 2007 Act') has been dismissed.

2. Counsel for the parties have been heard at length and the pleadings on record have been perused.

3. In the considered view of this Court, a case for remand to the District Magistrate, Gurdaspur for deciding the application afresh is made out.

4. Petitioner is a senior citizen aged about 70 years. Respondents No.2 and 3 herein are the son and daughter-in-law of the petitioner respectively.

5. The petitioner while seeking eviction of the respondents from the house in question had projected a case that he is the absolute owner thereof having purchased the plot through a registered sale deed dated 25.09.1986 from his father and having paid a sum of Rs.7,500/- as sale consideration. Copy of the sale deed stands appended as Annexure P-3. On the basis of the sale deed, the pl

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